NEWSLETTER-2019-metin

298 NEWSLETTER 2019 not, the employee will be entitled to syndicate compensation. It should also be noted that the fact that the worker does not demand his/her re- employment does not harm his/her request for syndicate compensation. Strike Upon a blockage of the CLA process, there are two driving forces through which to resolve the conflict. These are legal striking of the workers, and legal lockout of the employers. This article shares in- formation regarding legal strikes, because a lockout is not an applied method, in practice. A strike is the work stoppage action realized, collectively, by employees in order to cease or hinder the facility at the workplace. If a dispute occurred during the CLA’s bargaining period, and if the par- ties cannot resolve the dispute in a peaceful way, the labor syndicate can take a legal strike decision in order to maintain or improve their economic, social and working conditions; in other words, with the purpose of forcing the employer to accept their demands. This right arises from Article 54 of the Constitution. The employment contracts of the workers, who do or do not par- ticipate in a legal strike, are suspended during the strike. Employees, who work in technical positions that must continue due to their nature, and who ensure the continuity of work or work- place safety, protection of machinery, raw materials and products or animals and plants, must continue working during the legal strike, provided that their position is not related to production or sale, and the employer must employ them. The employer cannot employ other workers, permanently or tem- porarily, instead of workers whose employment contracts are suspend- ed due to a legal strike; otherwise, the employer faces administrative fines. These workers herein cannot work elsewhere during the strike. The employment contract of a worker cannot be terminated due to reasons, such as joining or encouraging the decision, and /or the participation, of a legal strike. In order to be able to raise the possibility of a legal strike, the demands of the workers shall not go beyond their professional pur-